Ed ________, Executive Director

E: Ed@informed.org

We noticed that Governor Rick Perry mentioned you, and Representative Corte, in his State of the State speech, in regard to what he referred to as the "eminent domain issue". We assume he was referring to the Bill filed by Representative Corte to amend Section 17 of Article 1 of our Texas Constitution. Filed as HJR 14, we wrote to Representative Corte on this on January 12^th, without response, and again on January 26^th.

As you know; Section 29 of Article 1 refers to our Bill of Rights / Declaration of Rights (of the Individual) as inviolate and forever to remain excepted from the powers of government. Unfortunately the inviolate has been violated. There is presently an errata (publishing error) in the published version of our Texas Constitution.

As I am sure you know; our Declaration of Rights existed BEFORE we won our Independence from the State of Mexico. The Founders of our State of Texas modeled their Declaration after the "Rights of Man" (referring to the rights of Individuals – no gender reference intended) established by the English, in the Magna Carta (the common law of England) 800 years ago and the French at the time of the French Revolution, as well as the Bill of Rights in our United States Constitution. All of these preceded our Texas Independence and were well know to the original Texans.

Our Inviolate Right, intended to FOREVER be secured by the First Texas Constitution, established with a blood sacrifice of those who won our Independence from Mexico, was numbered the Thirteenth before our Texas Constitution was changed to make it Section 17. The exact language is as follows (from the State Archives):

THIS is the LAW that secures the RIGHT of the Citizen in any and all cases that might be referred to as an "eminent domain" case.

As you know, the words found today in Section 17 of Article 1, as published and distributed, are considerably different. Among other differences you will see the requirement the State provide "just" compensation has been changed to "adequate". And what may be considered "adequate" by the STATE, is not what may be "just". It is, rather, what the STATE can get away with while the victim of a "taking" settles to avoid additional litigation expense and the burden of delay in collecting what is due them.

It should also be noted that it is NOT "land", and therefore only "landowners" who have Property Rights. Every Citizen, including those who do not own land, have property that this provision of our Constitution intended to secure from being taken by the STATE, or subunits of that government entity known as Local (county, city, etc.), without just compensation.

It should also be noted that there is the very important word "OR" in the Right declared excepted from the powers of government; forever to remain inviolate. Private Property, Personal and/or Real, may NOT be taken OR applied to public use, with out the STATE providing JUST compensation. In other words it does not matter if the STATE, by and through STATE ACTORS, took the property for "public use", or chose to simply damage or destroy the PRIVATE property owned by a Citizen of Texas. Just Compensation is an absolute, god-given, natural, inherent, inalienable, fundamental, aka SUBSTANTIVE Right the Constitution of the United States and of this State intended to SECURE for the Citizen that is the victim of the taking. It is immaterial and irrelevant whether the taking by the STATE was for public us or was taken under the COLOR of law, but taken illegally, or wrongfully, or not put to public use.

PLEASE, if you would be so kind and considerate, provide us with any bills you have filed on this matter and immediately provide us with any bills you file in the future on this matter, before or as soon as you file them. Please send them to us via attachment to an email. Please keep us informed of any and all committee hearing and scheduled public hearings BEFORE they come up so that we may attend.

THANK YOU, Respectfully, Ed _______ Executive Director.

INFORMED CITIZENS, 713, ed@informed.org

See our website: www.informed.org

ATTACHMENT: copy of letter to Representative Frank Corte.

Ed ________, Executive Director

E: Ed@informed.org

Texas Representative, District 122

Chief of Staff, Kathi Seay

PH: (512) 463-0646 / FX: (512) 463-0893

E: kathi.seay@house.state.tx.us

Today I discovered HJR 14; Your proposal for a Constitutional Amendment to revise the language of Section 17 of Article 1, our Texas Bill of Rights.

There is definitely a need to correct the error in the present publish version of our Texas Constitution. I have researched this matter because I am a victim of a taking by the State. Our Judicial Department ruled that the State may take, damage, and destroy private property of a citizen without compensation if the taking, damage, or destruction was not for "public use". In other words, it is legal, in their opinion, for the government of our State to commit theft providing the public gets no benefit of the theft, or the damage, or the destruction the State, by and through its actors, intentionally committed.

This is contrary to the spirit and intent, as well as the clear and unambiguous language, of our Texas Constitution. As you know; our Constitution is Law that limits what Judicial Officials may do, and mandates what our Judiciary must do. Our Legislature was created to provide additional security for our person and property by imposing additional Prohibitions (limits) and mandates (orders) to the Judicial Department of government for our State of Texas.

Our first constitution, for which the brave founders of our State pledged their lives, included a stipulation that some of the Rights of the Individual secured by the Constitution be forever inviolate; exempt from the powers of government.

This was in the preamble of our first Texas Constitution. It is now Section 29 of Article 1, our Texas Bill of Rights [of the Individual Citizen]. I have copied and pasted our first Constitution with provision 13 which is now published as Section 17 of Art. 1.

Provision 13, now Section 17, was illegally changed. It is time to change it back to what it was at the time people fought and died to make it the Law of our Land – forever inviolate; exempt from the powers of government. We are happy you have initiated this.

I have copied and pasted the first constitution of our State for your reference. It is constitution that began with a Declaration of Rights. Thesw are not amendment as in our US Constitution.

This Declaration of Rights is declared to be a part of this Constitution, and shall never be violated on any pretence whatever. And in order to guard against the transgression of the high powers which we have delegated, we declare that every thing in this bill of rights contained, and every other right not hereby delegated, is reserved to the People.

NOTE: The provision says private property shall not be "taken" OR, it does not say AND, applied to public use", and there is no "FOR". The intent of the OR is unquestionable to any familiar with the cause for our Independence. The government (State) of Mexico was taking land from the Texans. NOT for public use, but just because the STATE of Mexico, under the dictatorship of Santa Anna, wanted it.

Sec.　17.　　TAKING, DAMAGING, OR DESTROYING PROPERTY FOR PUBLIC USE; SPECIAL PRIVILEGES AND IMMUNITIES; CONTROL OF PRIVILEGES AND FRANCHISES. No person's property shall be taken, damaged or destroyed for or applied to public use without adequate compensation being made, unless by the consent of such person; and, when taken, except for the use of the State, such compensation shall be first made, or secured by a deposit of money; and no irrevocable or uncontrollable grant of special privileges or immunities, shall be made; but all privileges and franchises granted by the Legislature, or created under its authority shall be subject to the control thereof.

NOTE: The "for or" is an errata (publishing error). The "for" is not supposed to be there. The law is NOT, and NEVER WAS "taken for or". How the "for" got there is a mystery I have not yet solved. But it clearly was not at our founding, or ever after, the intent of the people of Texas to give their State permission to steal, damage, or destroy their property. Additional proof of this is the prohibitions of special privileges and immunities. This was originally a separate provision – Provision 8 in the original constitution. Government was NEVER intended to have ANY immunity for it, or its actors, for offenses against the people of Texas or their private property.

Sec.　29.　　PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE. To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.

Sincerely, Ed_______, INFORMED CITIZENS

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